Be careful what you send: messages aren’t necessarily encrypted, and you can’t create an attorney-client relationship simply from filling out this web form.
FORMS & VIEWS
NEWS & UPDATES
Dustin Prudhomme is providing new opportunities for cigar makers and consumers through new and innovative distribution channels. Prudhomme’s company, Cajun Cigar Czar, provides high quality
Effective Monday, March 16, 2020, all non-essential Criminal District Court and Criminal Superior Courts, will automatically be continued at least thirty days in an effort
t’s Official! As of February 7, 2020, FLETCHER LEGAL, PLLC is officially registered as a North Carolina Law Firm! More on this to follow!
ADVICE & BLOGROLL
In North Carolina, if you’re absolutely hammered, try and find a Segway instead of an electric scooter; it might just save you a DWI charge!
As always, we begin our analysis by reviewing the relevant law, N.C.G.S. 20-138.1: “A person commits the offense of Impaired Driving if he drives any vehicle upon any highway, any street, or any public vehicular area within this state: While under
Drugged Driving – or Drug DWI – is a form of “Impaired Driving,” under N.C.G.S. 20-138.1. This is the same law that the State uses to convict drunk drivers. In other words, the same law governs drunk driving and drugged driving. But, operating under the influence of drugs, and operating under the influence of alcohol, are two very different things.
NOT GUILTY VERDICTS
FLETCHER LEGAL IS A CHARLOTTE-BASED LAW PRACTICE DEDICATED TO HELPING OUR CLIENTS NAVIGATE BOTH THE JUDICIAL PROCESS, AND LIFE’S MOST DIFFICULT MOMENTS. We constantly push the limits of what’s possible when it comes to integrating technology into solo practice with the goal of reducing client fees and expanding access to law. We believe in treating people the way we want to be treated.
WE FIRMLY BELIEVE THAT RESULTS SPEAK FOR THEMSELVES, BUT RESULTS AREN’T EVERYTHING. We believe that relationships are key, and we only accept clients that we feel we can have a successful partnership with to reach the best results. We believe that legal emergencies rarely occur during business hours, and that it is essential for clients to have Attorney Fletcher’s personal cell phone number.
WE ACCEPT CLIENTS, NOT CASES, AND WE GO WHERE WE ARE NEEDED, ACROSS ALL 100 NORTH CAROLINA COUNTIES. We stick to what we’re good at, continually pushing the envelope and streamlining process steps. We always set our clients up for the best possible outcome.
TYPES OF NORTH CAROLINA EXPUNGEMENTS
EXPUNGEMENTS ARE CREATED BY STATE STATUTE. Expungements are governed by state law; specifically: Article 5, Chapter 15A of the North Carolina General Statutes. A good way of understanding Expungement law is that, by default, when a person is either charged or convicted of any crime, that record will appear on that person’s criminal background report forever, unless the state allows a person to expunge it. The law must specifically allow a person to expunge something – no right to expunge exists. However, several North Carolina laws create several expunctions under which a “Petitioner” may file.
NEITHER THIS LISTING NOR THIS WEBSITE ATTEMPT TO EXHAUSTIVELY COVER, IN-DEPTH, EACH OF THE EXPUNGEMENT STATUTES CREATED BY THE NORTH CAROLINA GENERAL ASSEMBLY. Around here, we stick to what we’re good at. What that means in this context is rather than doing a half-way job of listing the roughly twenty different types of Expungements created under North Carolina law, we’ve done some research and determined the most frequently filed Expungement types in North Carolina, based off of several years worth of tracking data. Our goal is to be the very best at the types of Expungements listed below – which the vast majority of people need help with – instead of just being vaguely aware of each and every type of Expungement known to North Carolina law. Just because the specific Expungement you may qualify for is not listed below, does not mean it doesn’t exist. Simply call our office, and one of our Expungement Professionals would be happy to discuss other – perhaps more well suited – expungements based on your particular situation.
WE BELIEVE WE CAN DO THE MOST GOOD BY FOCUSING ON THE EXPUNGEMENTS THAT ARE FILED MOST OFTEN, AFTER HAVING STUDIED EXPUNGEMENT PETITIONERS FILED DURING THE PAST DECADE. In North Carolina, Expungements generally fall into 1 of five categories. Although this discussion could easily spiral out of control into a very thorough and in-depth legal analysis, we’re going to do our best to simplify – yet clarify – these different expungements the best we possibly can. The five types of Expungements this website will help explain include:
A District Attorney may dismiss (almost) any criminal charge, at any point during the case, for any reason or for no reason at all (referred to as “prosecutorial discretion”). Many reasons may lead to a voluntary dismissal: perhaps the state believes they have a weak case they cannot prove at trial, perhaps they cannot locate the prosecuting witness, or perhaps the person charged is now in compliance with a minor traffic offense. As long as you haven’t been convicted of a felony, you’re usually able to expunge a dismissed charge. We’ve made the process easier than ever; learn more about expunging a Voluntary Dismissal here, or start expunging a Voluntary Dismissal online now.
Deferred Dismissals are not unconditional. Typically, the state “makes a deal” with a first time offender, a person charged with minor drug possession, or an underage drinker. In exchange for a guaranteed future dismissal, the person charged agrees to complete a period of probation, a drug class, or community service. Convicted felons are barred from expunging Deferred Dismissals from their criminal records. We’ve made the process easier, and less expensive, than ever! Learn more about expunging a Deferred Dismissal here, or begin expunging a Deferred Dismissal online now!
Not Guilty Verdicts, whether obtained from a judge hearing and ruling on a case, or obtained from a jury, may be expunged from a person’s criminal record, as long as that person is not a convicted felon. We’ve made the process of expunging a Not Guilty verdict easier, and less expensive, than ever before! Learn more about expunging a North Carolina Not Guilty Verdict here, or begin your online expungement now!
North Carolina law allows a person to expunge a misdemeanor conviction that occurred at any age – subject to a few exclusions, conditions, and filing requirements. The conviction must be for a nonviolent offense, meaning that assault cannot be an essential element, and the Petitioner must have waited at least 5 years since they completed their sentence before applying. Learn more about expunging a North Carolina Misdemeanor Conviction here.
What used to be a hard “NO” has turned into a resounding “sometimes…?” North Carolina law now allows a person that has been convicted of a single, nonviolent felony to expunge the conviction from their criminal record, as long as they’ve stayed out of trouble with the law since the offense, waited 10 years before filing, and met a few other qualifying conditions. Learn more about expunging a North Carolina Felony Conviction here.
THE CRIMINAL JUSTICE SYSTEM RARELY SHOWS MERCY TOWARDS THOSE CHARGED WITH IMPAIRED DRIVING. Whether you’ve been accused of Drunk Driving, Drugged Driving, Boating While Impaired, Driving after consuming < 21, or even Driving after consuming lawfully prescribed medication, the consequences are all equally serious. The State will attack you with every tool in their arsenal. If you are found guilty, or plead guilty to Impaired Driving, you’re facing serious, and long-lasting consequences, including:
- Having a permanent criminal record;
- Professional License Revocation or Suspension;
- Expensive Fines;
- House Arrest;
- Supervised Probation;
- Unsupervised Probation;
- Community Service;
- Jail or Prison Sentence;
- CAM (Continuous Alcohol Monitoring) Bracelet;
- Court Costs;
- Mandatory Substance Abuse Treatment;
- Ankle Monitor;
- Driver’s License Suspension or Revocation.
IMPAIRED DRIVING CHARGES ARE EXTREMELY TECHNICAL, PERHAPS MORE SO THAN MURDER. Driving While Impaired [DWI] (also called Driving Under the Influence [DUI], Drugged Driving [Drug DWI] or simply “Impaired Driving”) are perhaps the most technical crimes in the entire State Code. And beating a DWI charge, contrary to popular belief, has nothing to do with how much you blew, what the cops found in your car, or or whether you were driving on a suspended or valid license. These cases, more so than any other, depend entirely on the most minute of details only a trained professional would possibly recognize.
HOW A LAWYER CAN HELP WITH YOUR CRIMINAL CHARGE(S)
Experienced lawyers know what facts will mitigate the damage at sentencing, and can be the difference between community service and active jail time.
WHERE WE GO: GEOGRAPHIC PRACTICE AREAS
Serving: Mecklenburg, Union, Gaston, Cabarrus, Iredell, Rowan, Cleveland, Lincoln, Stanly, Davidson, Catawba, and Anson Counties, as well as Charlotte, Huntersville, Cornelius, Davidson, Lake Norman, Mooresville, Troutman, Statesville, Matthews, Mint Hill, Harrisburg, Weddington, Waxhaw, Indian Trail, Monroe, Wadesboro, Wingate, Polkton, Concord, Kannapolis, China Grove, Salisbury, Lexington, Thomasville, High Point, Denver, Lincolnton, Newton, Conover, Hickory, Belmont, Lowell, Mt. Holly, Lowesville, Gastonia, Dallas, Bessemer City, Kings Mountain, Shelby, Pineville, Midland, Locust, Albemarle, Rockingham, Asheville, Winston-Salem, Greensboro, Raleigh, and Wilmington.